Legislation Prohibiting the Use of CSF Dollars for Certain Materials, Allowing Prosecution of School Employees Over Obscene Materials Introduced

Legislation referred to as the "Protect Childhood Innocence" package was introduced in the Wisconsin State Senate this week by Senator Andre Jacque (R-De Pere) and Representative Scott Allen (R-Waukesha). These bills would impact school libraries and school librarians by restricting the use of Common School Fund dollars and allowing for the prosecution of school employees over obscene materials violations. 

In a memo to colleagues, the lawmakers said these bills were introduced because: "Since the pandemic, parents have paid more attention to what material their students are encountering and demanding that their students not encounter sexually explicit material in school."

Prohibitions on CSF Dollars: Senate Bill 304, would prohibit school districts from using Common School Fund dollars to purchase any item that would be considered obscene material under 944.21(2)(c) of state statute, which defines obscene material to mean a writing, picture, film or other recording that:

1. The average person, applying contemporary community standards, would find appeals to the prurient interest if take as a whole;

2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and

3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole. 

Allowing Prosecution of School Employees: Senate Bill 305 would remove public elementary and secondary schools, private schools, and tribal schools from the list of institutions for which an employee is protected from prosecution for an obscene materials violation under 944.21 of Wisconsin statutes, effective August 20, 2024. 

If you have concerns about these bills, you can contact your state senator and state representative.